Town of Eaton v. Bouslog

The board of trustees of the Town of Eaton, an incorporated town, on December 13, 1954, adopted an ordinance entitled “An Ordinance Declaring Necessity for Improvement of Town of Eaton Cemetery by Enlargement, and Authorizing Town of Eaton to Acquire Necessary Land Therefor by Purchase, Condemnation, or Otherwise.”

On January 14, 1955, the Town filed its petition in condemnation proceedings whereby it sought to condemn the land adjacent to the cemetery and owned by defendants in error. Motion to dismiss said petition was filed by defendants on the ground that the petition did not state a claim…